SB 77

Repairs or maintenance of property; entering adjoining property; petition for entry . Allows an owner of real property who seeks to repair or maintain the exterior of his property to petition the circuit court for a right of entry to an adjoining property for the purpose of performing the repairs or maintenance when the property is so situated that it is impossible to perform the repairs or maintenance without entering such adjoining property and permission to enter such adjoining property has been denied. The bill provides that such right of entry may be granted by the court in an appropriate case upon such terms as justice requires and that no such entry shall be deemed a trespass. The bill also provides that the petitioner shall be required to return the adjoining property to its previous condition and shall be liable to the adjoining owner or his lessee for actual damages occurring as a result of the entry.